The Texas Parks and Wildlife Commission adopts the repeal of § §69.1-69.14 and new § §69.1-69.9, concerning protected, threatened, and endangered plants. The repeals are adopted without changes to the proposed text as published in the July 26, 1996, issue of the Texas Register (21 TexReg 7015). The new sections are adopted without changes to the proposed text as published in the September 17, 1996, issue of the Texas Register (21 TexReg 8900).

The new sections are necessary to streamline and simplify existing regulations before they are subject to automatic nullification under the terms of §69.81.

The new sections will function by setting forth the criteria under which scientific and commercial plant permits are issued for the take, possession, transport, and propagation of protected, threatened, and endangered native plants; set forth reporting requirements; and provide for penalties and fees.

Two comments concerning adoption of the rules were received by the department. One commenter was concerned that §69.1(2) was not precise in that it was unclear as to exactly what activities required authorization from the department. The department responds that the language in question is not ambiguous. No changes were made as a result of the comment. The same commenter also asserted that the commission could not adopt the repeals since they were not published with the proposed new sections in the September 17, 1996, issue of the Texas Register . The department responds that the proposed repeals were published in the July 26, 1996, issue of the Texas Register . No changes were made as a result of the comment.

Endangered, Threatened and Protected Native Plants